Whittley Marine Fiberglass New Boat Warranty Policy
Our goods come with a guarantee that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.
In addition to all other rights and remedies in respect of the product which you have under the Competition and Consumer ACT 2010 (Cth) and any other applicable law. The Whittley Marine Group Pty Ltd ("WMG") warrants with respect to each new boat manufactured by the WMG and sold by the WMG or a WMG authorised distributor (the "boat") that :
a) for a period of sixty (60) months from the date of original retail sale, WMG will repair or replace the hull or deck of the Boat if structurally defective.
b) for a period of twelve (12) months from the date of the original retail sale, WMG will repair or replace free of charge any other part of the Boat found to be defective in factory materials or workmanship under normal use and operation within Australia. Please note; that unless otherwise required by law, this warranty does not cover gelcoat deterioration or damage, windscreen leakage, decals and 'tea-staining'.
For the purpose of this warranty, the terms; "structurally defective" means containing a defect that causes the hull or deck to be unsafe or unfit for use in normal recreational operating conditions; "hull" means the single fibreglass moulded shell and integral fibreglass structural components below the hell flange; and "deck" means the single fibreglass moulded shell and internal fibreglass structural components above the hull flange.
This warranty applies only where:
1) The boat:
a) has been properly used and operated;
b) has been fitted with an engine (or engines) which exceed the maximum horsepower or engine/transom weights specified by the WMG;
c) has been properly maintained and cared for;
d) has not been used for either water ski or ocean racings or any other form of competition use or for commercial use;
e) has not been modified or adjusted after being delivered by the WMG;
2) The trailer is correctly adjusted and meets the WMG minimum trailer requirements.
3) All warranty work is approved in writing by the WMG before repairs are carried out.
4) The repair or replacement is carried out by an authorised WMG dealer or by some other person approved in writing by the WMG prior to the repair being carried out.
Any claim under this warranty must be made in writing, setting out full details of the problem encountered, addressed and sent by post to Warranty Manager, Whittley Marine Group Pty Ltd, 99 Freight Drive, Somerton, Victoria, 3062 or by email to firstname.lastname@example.org within the period of;
a) 60 months from the original retail sale, if the claim is regarding a structural defect; or
b) 12 months from the date of the original retail sale, for any other claim under this warranty.
This warranty will only become effective upon receipt by the WMG within one month of the original retail sale, of the duly completed WMG online Warranty Registration Form. You must bear all of the costs of claiming under this warranty. In particular, you are responsible for arranging and paying for the return of your Boat to WMG, or an authorised repairer as directed by WMG.
5) The warranty does not cover any consequential loss of anything arising out of the supply or operation of the boat. IE; freight. Any work agreed to be repaired by WMG, will be done ex factory, and freights costs to and from the factory, will be the responsibility of the purchaser. The warranty does not cover items replaced during the normal service and maintenance operations and which are subject to wear.
6) WMG shall not be liable for consequential loss of any kind arising out of the supply or operation of the boat.
7) These arrangements apply regardless of any change in ownership during the period covered. Change of ownership, from original purchaser, needs to be made in writing, addressed and sent by post to Warranty Manager, Whittley Marine Group Pty Ltd, 99 Freight Drive, Somerton, Victoria, 3062 or by email to email@example.com.
8) Subject to item 9, the above warranty, the above warranty is in lieu of any and all warranties expressed implied, conferred by statute or otherwise and is the only warranty given by WMG on the boat or any part therefor. Any warranties under the Sale Of Goods Act are expressly excluded.
9) All warranties and conditions implied under the Trade Practices Act, including as to one of merchantable quality, are not excluded by this warranty expect that WMG limits its liabilities for breach to;
a) the replacement of the boat or products; or
b) the repair of the boat or product, at WMG's option with all freight costs to be the purchasers responsibility.
To the greatest extent permitted by law:
a) the liability of the WMG under this warranty is limited to the repair or replacement of defective part or parts, or the cost of such repair or replacement approved by the WMG prior to the repair or replacement being carried out; and
b) provided that the WMG complies with this warranty, WMG has no liability under this warranty for any consequential or other loss caused by or arising out of, or relating to the defective part or parts, whether or not caused or contributed by the negligence or breach of contract of WMG or its employees, agents or contractors.